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United States

Ask Congressman Boucher About Internet Regulations 147

U.S.Rep. Rick Boucher (D-VA) has co-sponsored an anti-spamming bill, questioned some of the DMCA, and has been asked by at least one online notable to think about a tax credit for Open Source coders. He's also a member of the Congressional Internet Caucus. We can think of no federal lawmaker more qualified to give us insight into the nitty-gritty of the legislative process, especially as it relates to the Internet. Our usual interview rules apply: post your questions below (one question per post, please), we'll forward 10 - 12 of the highest-moderated ones to Rep. Boucher, and will post his answers next week.
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Ask Congressman Boucher About Internet Regulations

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  • by Anonymous Coward
    Congressman Boucher, how do you feel about Caleb Jaffa [porteighty.org] pouring multiple bowls of piping hot grits down his pants?

    Seriously, this is not a troll.

    Thank you!
  • by Anonymous Coward
    Every debate that comes down the pike, from Napster to DeCSS linking to DMCA anti-circumvention to Scientology to ad naseum, seems to have at its root the perversion of the purpose of copyright from protection "for a limited time" of the rights of the authors/creators to the effectively perpetual restrictions primarily for the benefit of corporate entities. Is it not time to fundamentally realign copyright law with the Constitution?
  • by BOredAtWork ( 36 ) on Tuesday March 20, 2001 @07:35AM (#351865)
    Mr. Boucher, many of the political lobbies out there have slick web sites that detail bills coming up for a vote, suggest favorable candidates for upcoming elections, and allow their supporters to access all the information they could possibly want, all in one central location (ex: the NRA, the religious right, NORML, etc). Having spent many hours researching the candidates in this past November's election (local & state as well as national), I'm really discouraged by the lack of information available on the web sites of current representatives (if they exist at all). While representatives' votes are certainly a matter of public record, many representatives' web sites that I've encountered don't actually make this information available, and of those that do, even fewer publish the representative's rationalle for voting the way they did. It appears that lobbies are much, much better at using the internet to reach out to their supporters than politicians are.

    The internet is quite possibly THE most cost effective way a representative has to reach their constituents, yet most hardly use it as more than a way to publish their contact information. If a rep wanted to be truly accountable, they could publish a few words about their recent votes, and why they feel they made the best decision possible for their district/state/etc. In my opinion, a representative who made decisions that were really in the best interest of their constituents - and repeatedly told them WHY those decisions where in their best interests - would be nearly impossible to defeat in reelection, yet most representatives don't do this.

    My questions for you are these: Why do you feel most representatives aren't making more use of the internet to stay close to their constituents, what do you see being necessary to change this, and when do you think we can expect to see change come about?

    --

  • Posted by jak1320:

    This is no different than a sales and use tax paid on an in-state purchase. If a retailer does not exist within your state, then you should not pay that retailer any tax. States like Wisconsin and Ohio have recently implemented voluntary reporting of sales and use taxes owed on out-of-state purchases. This is because the internet has greatly increased the number of purchases on which no sales and use tax is paid to the state in which the product will be used. However, the voluntary reporting of the sales tax does not only apply to internet sales. It also applies to mail-order and phone-order sales.

    Regarding nomenclature, voluntary and trust taxes have existed for a long time. The sales and use tax charged by retailers is a trust tax, because consumers and the state are trusting retailers to report and pay the required tax in a timely manner.
  • Posted by jak1320:

    this would only be a tax on interstate commerce if the sales and use tax applied only to commerce from other states, and not commerce within ohio. it is, however, merely an effort to collect taxes for items bought on which a sales and use tax has not already been collected
  • by Tony ( 765 ) on Tuesday March 20, 2001 @07:27AM (#351868) Journal
    Why does it seem that laws passed on technological issues favor the corporations, and not the individual? Is this just perception, or is it truth?

    Technology is a great opportunity to set us free, as people, across the world. Why does our government of the people, for the people, by the people pass laws that protect corporate interest (DMCA, and UCITA on the state level)? And why isn't more done to promote public participation in discussion of this kind of legislation?

    Sorry for the loaded questions-- but it does *seem* the government favors business over personal freedom.

    - tony
  • The thinking is that medics come for the injured and, then you shoot them with real guns...

    The thinking is that by injuring an enemy soldier rather than killing him, you not only take him out of the fight, but you also force the enemy to expend resources (i.e. 2 people to carry him away, medical supplies, doctors) to care for him.

  • by Danse ( 1026 )

    I seriously hope that this very loaded question doens't make the cut. I'm not sure what Mr. Boucher's opinions are on gun issues, but I would rather keep the discussion on the topic of IP and Internet regulation rather than going off into more controversial and less productive topics.

  • It seems like this suggestion punishes companies and individuals who have chosen a business model which is self-sustaining by promoting unfair marketplace competition.

    It does no such thing. It simply rewards the contributions made by individuals and corporations to the public. Even if, by providing this benefit to the public, it lessens their ability to make a profit, I still see nothing wrong with the tax credit. The tax credit and the benefit to the public cancel each other out. What is left is a business that may be only marginally profitable, or not profitable at all, but that's not a problem. Hell, our tax dollars are used to fund private research and whatnot all the time. Why not use that money for something that we will actually see a return on?

  • Fixing one guy's car is not the same as coding a software package that can be used by millions. If Bob created new car parts through some mystical means that required only minimal overhead costs and his own time, but could be given to everyone who wanted them, then I think a tax credit might be in order.

  • I think it's an extremely relevant topic. This isn't just about Napster, that's a very small-picture view of things.

    I think one of the main reasons that many people don't respect copyright anymore is because they see it for what it has become, a tool for corporations to retain perpetual control over information and creative works. The public has no interest in that, and it was not the intent of copyright to allow such a thing. If the government is going to enforce an artificial and arbitrary period of control over information, there had better be a public benefit from it. That benefit has been legislated out of existence. People are right to be pissed off about that. I think people understand that copyright, as it exists today, is wrong, even if they don't consciously know exactly why. That's why millions of people don't seem to have any moral qualms about downloading copyrighted music.

    Personally, I'd like to be able to contribute directly to the artist (or at least a lot more directly). I buy CDs from artists on MP3.com. I go to concerts and buy their merchandise. It's not the artists I have a problem with. It's the exploitive and overly controlling recording industry that I have a problem with.

    They've got their system established where they control the radio airwaves through bribes to the stations to get the music they're promoting played more. Radio stations can't play whatever they want anymore. The creativity is gone. Now it's all about the money. Stations have to make the money to stay competitive. The record labels have the money. The stations sell out to the record labels or they die. The big station owners managed to all but kill the FCC's plan to allow low-powered stations to exist and maybe bring us something other than the same 20-30 songs in constant rotation. There is still some hope that the low-powered stations will eventually get their chance, but they are facing a tough battle.

    In the end, what it comes down to is a decision about who gets to control information, creative works, and culture, and how long and how much they get to control them. If copyright were reduced to its original 14 year term, perhaps people would have more respect for it. I know I would. As it stands today, with copyrights lasting longer than a human life, they might as well be perpetual. Nothing has transitioned into the public domain in decades. The public is not benefitting. As long as people recognize that copyrights exist like this because of corporate lobbying and no longer serve the public, they will not feel any guilt or remorse for violating those copyrights. If it's done on a large enough scale (Napster scale), this kind of civil disobedience could eventually help change the laws of this country. Let's just hope that the people of this country still have the power to stand up to the corporations of this country.

  • Great question. I've wondered it myself quite a few times. I've always assumed the answer was that the reps really don't want to explain why they vote the way they do. It's easier to just kiss babies, shake hands, and spew rhetoric to get reelected than to actually be accountable for how you vote. Then there's the fact that some legislation, even important legislation (case in point, the DMCA) are passed by a voice vote, with no record left of who voted which way for the law. I think that is positively criminal, but it happens. I'd like to see something done about that.

  • The problem is not that someone will copyright it after it becomes public domain in the US, the problem is that if the US has a shorter term length than Europe, nobody will copyright works in the US. They'll copyright them in Europe instead. This creates a standoff between the US and Europe. The US can say, "We only honor copyrights for 14 years." Then the EU says, "Well if you won't honor our copyrights for our full 90 year (for example) term, then we just won't enforce US copyrights here at all!" Then the US says, "Fine, then we won't enforce EU copyrights here either!" Then we end up with a really ugly situation. What needs to happen is that we need to convince our government to convince other governments that copyrights last too long now and that we should have a much shorter term for them. Unfortunately, with so much money at stake, I fear the kinds of heinous crimes that will probably be committed to prevent such a thing from happening.

  • Look, you're not subsidising the business. Open Source software that is freely available to the public is a good thing, regardless of whether or not a company finds a way to profit from it. A company gets a tax credit for donating computers, money, etc, to a charity. Why not for donating a software program to the public? It doesn't necessarily mean the money will have to be taken from someone else either. That's up to the government, and ultimately us as voters, right? I'm sure we'll all grieve that some Senators' pet projects will have to find funding elsewhere, but we'll survive.

  • by Danse ( 1026 ) on Tuesday March 20, 2001 @08:30AM (#351877)

    As you know, copyright term lengths have grown incredibly since they were first established. Given that copyright was intended to benefit the public by making more works available to the public, how can a term length longer than most human lives be justified? Isn't this basically as bad as a perpetual copyright, especially in light of the fact that every time the leading edge of copyrighted works are about to become public domain, major copyright holders lobby Congress to extend the terms again, even retroactively?

  • . . . in other words, he's mad as hell, and he's not going to take it anymore.
  • by jafac ( 1449 )
    "A single bullet placed right where it needs to be is much, much more valuable than 50 sprayed in the general area."

    - apparently, you've never heard of "supressive fire".
  • about all the bible says about fair use, is that you can (and should) copy the bible, and spread His word, but if you change one bit of it, add to it, or subtract from it, you're fucked.

    I guess the council of nicea is probably looking at some hard time in the hot room.
  • did you know the federal budget allocates enough money to federal highway upkeep each year to pay to pave a single lane of each Interstate in GOLD??)

    I had no idea.

    So I went to the Federal Highway Administration's web site (www.fwha.dot.gov) and found out that there are 43,000 miles of interstate they maintain, and they have a budget of $4.073 billion dollars allocated for interstate maintenance. So I did a little calculation.

    Assumptions:
    A lane is ten feet wide.
    Everyone on the gold-paving project is working for free. The entire infrastructure costs nothing. The *only* cost is the cost of the raw materials (i.e., gold).

    Values:
    Cost of gold: $260/oz
    Miles of interstate: 43000
    Dollars available: 4073000000

    43000 mi (of highway) * 5280 (feet per mi.) * 12 (in per ft) * 2.54 (cm per in) * 10 (feet wide lane) * 12 (in per ft) * 2.54 (cm per in) = approximately 2109270620160 square centimeters total in the Interstate Highway System

    4073000000 (budget) * (1/260) (oz per $) * 480 (g per oz) * (1/19.3) (cc per g) = 389605415.811 (cc)

    389605415.811 (c^3) / 2109270620160 (cm^2) = .00018471096 cm thick

    Yes, folks, that is about two millionths of a meter thick. Damn those wasted dollars.

  • I'm the lobbiest lobbyist!
  • I am refer to the subtitle of this article that suggests that our government should provide tax credits to companies engaged in Open Source development.

    In light of the recent relevations that many of these Open Source companies are not now, nor appear to ever, be profitable. It seems like this suggestion punishes companies and individuals who have chosen a business model which is self-sustaining by promoting unfair marketplace competition.

    Is it really the goal of the Federal Government to pick winners and losers in the market place?
  • When you reward one type of behavior through tax credits, you do so at the expense of another type of behavior.

    Money doesn't grow on trees, it comes from taxes. If you give a tax credit to one person, that just means some other person has to pay that much more in taxes.

    The Government should not be in the role of picking winners and losers in the marketplace.

    If Open Source really provided value, it would be a viable alternative in the marketplace without having to be subsidised by my tax dollars.
  • As one of your constituents, I would like to ask if Congress took into account that the action of enacting the DCMA would prevent people from enjoying the movies that they bought (as well as audio CDs from some recent comments from the RIAA).

    I have also noticed that the Cable companies would like to restrict cable subscribers from taping shows that they would like to see. How are they getting by with this considering Sony Corp. of America v. Universal City Studios.

    So my question is this: What do you think about the new abilies of the TV studios, Movie Studios and Recording Studios to control when/how/where we can view the items that we purchased and how do most of your colleagues feel about this?
  • The Internet tax moratorium applies to the federal government.

    --

  • by The G ( 7787 ) on Tuesday March 20, 2001 @07:19AM (#351887)
    There seems to be more and more of an attitude in the Capitol to pass laws like the CDA, DMCA, etc. without a thought of their constitutionality -- lawmakers seem to be taking a "let the courts sort it out" approach.

    The problem with this, apart from its mockery of "congress shall make no law...", is that it leaves the law in limbo for the months or years that it can take to get a final judicial ruling on the law's constitutionality. We won't have final word on which bits of the DMCA pass constitutional muster, for instance, for quite some time, even though a lot of us have projects or even livelihoods that depend on that outcome.

    What can we do to discourage congress from ignoring the Constitutional import of its actions and leaving us in legal limbo waiting for the courts? What sorts of arguments can convince ppolitical parties and elected officials to listen to the Constitution as much as they listen to their donors and constituents?

    --G
  • by Tripp Lilley ( 8787 ) on Tuesday March 20, 2001 @08:38AM (#351888) Homepage

    To call Carl Malamud's proposed tax credit a subsidy is a bit of hyperbole, and clearly intended to inflame the community. Nevertheless, it's important to set the record straight.

    The tax credit Carl proposes doesn't subsidize open-source coders any more than the various deductions offered to business, large and small, subsidize them. It's a deduction. If it passed, and I spent a thousand dollars ($1000) on a computer to use in open-source coding, I wouldn't have to pay taxes on that thousand dollars. Depending on my tax bracket, in order to buy that computer without being able to deduct its cost, I might have to make up to fourteen-hundred dollars ($1400), just so I can give a thousand ($1000) to the computer company and four-hundred ($400) to Uncle Sam.

    Now, Uncle Sam isn't giving me that four-hundred dollars. He's just agreeing not to take it from me as long as I'm using the money for open-source work.

    This whole idea is important because many open-source coders don't want the hassle or overhead of creating a business entity just to be able to deduct the expenses involved in delivering code to the community. I, for example, would not benefit from this credit at all, because I already have a sole-proprietorship established under which I do all of my consulting and open-source work. All Carl's proposal does is extend what people like me can do to ordinary folks who just want to write code and don't care about generating income and revenue from it.

  • I think he means going to a voting booth at a registered voting location, and using their computer (connected to the internet), rather than the current analog methods. I don't think he was referring to voting from home.
  • I think the reasonable punishment in a case like this would be burning at the stake.
  • I don't know what exactly it is called, I'm not an accountant either but I was informed that it was new for this year and it specifically applied to Internet purchases.
  • by Aggrazel ( 13616 ) <aggrazel@gmail.com> on Tuesday March 20, 2001 @07:11AM (#351892) Journal
    This year, in my home state of Ohio, the legislation introduced a "Voluntary" tax on Interenet purchases. That is, I can tell them that I purchased X amount of books online and they'll tax me accordingly.

    Even though this tax is "Voluntary" I have been informed by my accountant that I have to pay this tax, reguardless. Thereby, my state is taxing purchases that were made "out of state" as it were.

    My question is, how do you feel about taxation of the internet, specifically "Voluntary" ones like the State of Ohio has implemented?
  • Hi yourself, george, ethereal here.

    Perhaps if you didn't WRITE in a collection of words that ARE randomly all caps or ALL LOWERCASE, and avoided THE ad hominem attacks, YOU would be more likely to not appear to be a TROLL.

    Thanks! (p.s. damning the Bible probably isn't scriptural either, george :)

  • Does your office actually respond to email in a meaningful way other than the obligatory email autoresponse?

    Why in your opinion are dead trees still a more viable method of getting heard by representatives and senators?

    This subject was addressed to some extent in a recent article here on slashdot [slashdot.org]

  • Nit Picking, but I believe that EBCDIC pre-dated ASCII. If not, they certainly started at nearly the same time. IBM introduced EBCDIC for it's 360 line, and if ASCII came out at about the same time, the machine designs had probably been finalized years earlier.

    Also, I don't believe that IBM kept others from using EBCDIC.


    Caution: Now approaching the (technological) singularity.
  • You can say what you'd like about the man, but Congressman Boucher is fighting the good fight on this one, even if you don't agree with his politics. At least show some respect for the man, he's gotten to the point where his opinion matters.

    I'm guessing that not too many people take you seriously if you sprinkle "egg-sucking" into your political rants.

    The DMCA is an atrocity and I'll happily back anyone who has the nerve to to stand up to the corporations that are trying to take this country over.

    Also, you might want to do some research [aclu.org] before you sing praises to John Warner. You'll note that John Warner voted for the "Flag Desecration Amendment [aclu.org]", and obvious attempt to even further limit free speech in this country by limiting criticism of the United States. You will note that Rick Boucher did not vote for this Amendment.

    Maybe you should write a letter to Warner and ask him to start standing up for your rights once in a while instead of doing his best to pass legislation to take them away.
  • I know the DMCA does not recognize computer code as protected free speech, which is why I asked the question.

    Sure, code is just instructions, but so are recipes, and I haven't seen any cooking books banned recently. Books about step-by-step drug manufacture, lock picking, and weapon creation are protected by free speech laws as well, and these books are no more than instruction sets.

    Instructions are legal, even if following them isn't.

    As far as the DMCA is concerned source code is NOT a creative work

    Look at who is backing this law, it sure isn't programmers! The intent of this law, I believe, is clearly biased toward large corporations and serves their interests at the cost of the people's freedom. Of course the DMCA doesn't recognize source code as a creative work, it doesn't benefit them to do so.

    Big money has perverted the government's intentions to give copyright holders some protection on the Internet into a law creating a full-blown digital police state without even marginal protection for the software infrastructure that holds it all together.

    That is the problem with the DMCA.
  • by IanCarlson ( 16476 ) on Tuesday March 20, 2001 @07:21AM (#351898) Homepage
    Congressman Boucher--

    I applaude your questioning of some of the facets of the DMCA, and as a resident of Virginia, I am quite proud that an elected official from my state is one of the first to question these overly restrictive copyright laws. Your fight for the people will not go unnoticed.

    I have a question pertaining to uncompiled code and freedom of speech. My understanding is that source code is just language, like that of an essay or poem. Essays and poems cannot (for the most part) be "banned" by the government as they are First Amendment protected speech.

    How is it that high-powered organizations like the MPAA have won lawsuits against web sites that have done nothing more than make a link to uncompiled code? Aren't these sites and the programmers that wrote the code protected under First Amendment free speech?

    Thank you for your time, efforts, and hopefully your answer.
  • Assuming your talking about a gun, it's not made for the express purpose of killing a human being. There is also hunting, which is legal (and actually a good thing when moderated), and target shooting is pretty darned fun. Can it kill a human? Sure...so can a car or anything else for that matter. It's all how you use it.

    Hey...technically you could kill a man with a DVD, although that could get pretty messy.
  • Dude, you can't use quotes like that.
  • My question is what is the best way to write to our congressmen to get our perspective read and to receive a prompt reply?

    Simple: Get Slashdot to interview them, post a message, and get it moderated up to 5.

    --

  • What I would like to know is how we as normal citizens can let your collegues know that we want the DMCA fixed? Besides writing my representives, what can I do as Joe Citizen to help get this issue the attention it deserves?
  • > The M16 and the AR15 are automatic and semi-automatic assault rifles actually designed to injure.

    Perhaps that's part of it, but I think the biggest motivator in the historical adoption of assault weapons is the lowered minimum standard for the quality and training of the soldier who uses them. During the latter part of WWII lots of countries were dredging the bottom of their manpower reserves and having to rush the draftees to the front without sufficient training, so there was lots of appeal to the idea of a weapon that just sprays lead everywhere rather than requiring an elevated degree of marksmanship in the bearer.

    --
  • Congressman, I think that most people on Slashdot feel that their opinions are not widely known, or understood in Washington. What do you feel is the best way to inform our representatives of how we feel? It seems like writing a letter isn't any good without a significant campaign contribution. Is there a better way?
  • The main problem with at home voting is that you don't have the same level or privacy. I'm not talking about hackers, I'm talking the potential for a relative to look over your shoulder and see who you vote for, while exiting from a voting booth, you can always lie. If you think about the implications, and the exponitial effect of millions of controlling relatives/spouces/parents, this could create serious problems. So until we can vote with thought recongnition private devices, I wouldn't support such an idea.
  • If all of the cost and security questions surrounding internet-based voting suddenly went away (i.e., it was cheaper and just as secure as, well, butterfly ballots), what would be the next obstacle to overcome? Do you think politicians would really be open to making voting easier, or would this get the same lip service as campaign finance reform?

    Thanks!
    Brent Ozar
  • Would someone from Spinal Tap please mod this one up to an "11".
  • by mav[LAG] ( 31387 ) on Tuesday March 20, 2001 @07:27AM (#351909)
    As a resident of another country - also a so-called democracy - I've been watching with positive alarm as US citizens' rights get further and further eroded by big business interests. Any advice for the rest of the world's geeks? Should we just be pumping out code and documentation that makes a mockery of US Law? Or are there more direct ways of voicing our concerns?

  • Recent court decisions have supported the idea that perpetually extending copyright is not the same as granting a perpetual copyright. If that's the case, how can I keep filing extensions on my tax returns so I never have to pay anything? And why is this kind of corporate welfare - a gift from the government to corporations at the expense of the people - acceptable to people who call themselves conservatives?

    Boss of nothin. Big deal.
    Son, go get daddy's hard plastic eyes.
  • The citizenry will never be sufficiently aware of technical issues. It is best to elect representatives who are.
  • by Steve B ( 42864 ) on Tuesday March 20, 2001 @07:33AM (#351914)
    Current policies have tended to concentrate on the protection of copyright grantees (e.g. protection from having their product undercut by counterfeiters) without regard to the fair use rights of consumers (e.g. the right to make copies of purchased recordings for backup or to use them in different devices, such as transferring CD tracks to an MP3 player). What policies would you favor to protect both?
    /.
  • Write the descriptions on $100 dollar bills.
  • by klund ( 53347 ) on Tuesday March 20, 2001 @07:36AM (#351916)
    I am concerned about the on-going attack against the public's rights under copyright law.

    1. The Legislature recently passed the Sonny Bono Copyright Term Extension Act, extended copyrights to far beyond the "limited times" mentioned in the Constitution. This act does not "promote... useful arts"; it promotes individual gains. Disney has borrowed greatly from the Public Domain and returned nothing. Bach's heirs didn't expect to be rich from their father's work; they wrote their own. Art and science used to belong to the people (after 28 years). Now it belongs only to the richest corporations. No works produced after 1910 have entered the public domain because the term keeps getting extended. A society with
    no Public Domain art is bankrupt.

    2. The Courts have recently upheld the portions of the DMCA that prohibit "circumvention devices". In effect, these provisions remove our "fair use" rights under copyright law to produce critical reviews, parodies, and scholarly derivative works. There is also no provision for the release of protected works when the copyright expires.

    3. The FCC (part of the Executive Branch) has approved the use of "content protection" as part of the broadcast HDTV specification. This ruling destroys the public right to record broadcasts and view them at our leisure (a right upheld by the Supreme Court in the Betamax case).

    Is seems that all three branches of our government have turned against us. What can we do take back our rights under copyright law, without breaking the law?

    --
  • Well, seeing as how the citizenry are where our representatives come from, what hope have we got of getting techno-savvy persons in office??


    "I'm not a bitch, I just play one on /."
  • by Spyky ( 58290 ) on Tuesday March 20, 2001 @07:32AM (#351918)
    First you seem to have many reservations concerning the DMCA. However, do you think we are better off with it? Candidly, would you rather see the DMCA amended in the manner you propose, or would you rather see the DMCA abolished completely?

    Secondly, you support the "fair use doctrine" and also feel that methods to circumvent protection measures such as CSS should not be criminalized; at least in as much as the goal of such circumvention is within the spectrum of fair use. You also support watermarking and other methods to protect the copyrights of digital media with the reservation that the rights of home recording rights are not impeded.
    However, both digital (CSS) and traditional analog (macrovision) protection schemes are fallible. Clever individuals can circumvent them, either for illicit purposes or not. Decriminalizing methods to circumvent these "protection schemes" does little to protect the copyright holder's interest outside the scope of current law (not in the DMCA). Would your proposed amendments to the DMCA protect from prosecution *any* individual who devised a circumvention method (for any purpose) and distributed it freely. A prime example of this is software such as the DeCSS.
    This is of course, assuming they are not guilty of other infractions that do not fall within the scope of the DMCA with regard to creating or distributing a circumvention method.

    Spyky
  • by medcalf ( 68293 ) on Tuesday March 20, 2001 @07:32AM (#351923) Homepage
    Given the recent extensions of copyright and patent protections, both in time and in scope, and the indefensible behavior of the offices of the Government charged with administering those systems in granting overly-broad patents and excessive copyright renewals, will Congress act to reform the intellectual property system in the United States?

    Thank you for your time.
  • they don't... what they do is they decide on how the internet can be used within the United States...

    The vast majority of the readers of slashdot are in the US, so its quite relevant to ask questions of a man who has direct influence on what we can and can't do in the united states.

    Besides, whether you like it or not, if one country starts making laws about how to regulate the internet, other countries may very well take the success or failure of those initiatives into account when they make their own laws... so this should be relevant to you too.

  • Great Replace Microsoft with Source Forge. Don't let socialists like Boucher confuse the issues. I am all for open source. Don't let the government corrupt it with the money they raise from for-profits.
  • Would it make sense to say that corporations have the "right to the pursuit of profit"? Or would saying that make corporations more powerful than they are now? (What has the "pursuit of hapiness" clause meant for the specific rights of individuals?)
  • I hope this sort of question makes it to the "cut list" for this interview!

  • by TopShelf ( 92521 ) on Tuesday March 20, 2001 @07:16AM (#351933) Homepage Journal
    In the abortion debate, Roe v. Wade used privacy rights derived from the Bill of Rights as a legal foundation from which freedom of choice could be defended. What specific portions of the Constitution and Bill of Rights do you see as focal points for constructing a legal framework that protects individual privacy in the years ahead?
  • A business does *not* have the right to be paid.

    An individual has the right to the pursuit of happiness and if that path leads him to create a corporation with like minded individuals, so be it. But whether or not they get paid is purely in the hands of fate.

    It's thinking like this that lets people roll over & play dead when corporations demand compensation for some new law that would affect their business. Do we let hit-men sue the government for making their line of work illegal?
  • Be sure you have this straight: Congressman Boucher supported the anti-spamming bill, so he is in favor of massive government regulation of the internet. He believes that the government has the right to tell people who can send mail to whom, and what the content of the message should be. He wants more government regulation of the internet, wants to take more rights away from the users, and hopes to make the government have bigger, more overreaching control of the internet.
  • Hardly a relevant topic. The main source of copyright controversy on the internet is Napster, and almost all of the violations committed on Napster are with recently copyrighted material. Nobody's getting rich off old copyrights from the 1920's or 1930's - 99% of stuff being traded on Napster is from the past couple of years. The length of copyright is not an issue at all in the matter.
  • Damn! I thought this was a good example. I recall at the time I thought the only reason IBM did it was for proprietary lock-in... but I don't have any evidence (and, in general, I don't recall anything well).

    Does anybody remember back before the MS monopoly to an example of IBM making proprietary protocols/standards/software to lock-in customers? The PS/2 hardware and it's proprietary bus (I forget the name of the bus) is a great example of them trying to shutdown the Open PC Hardware revolution and regain their monopoly -- but that tactic didn't work.

    I need a good example.

  • by cworley ( 96911 ) on Tuesday March 20, 2001 @07:28AM (#351940)
    The appeals court main concern in the Microsoft remedy was that we're just replacing one monopoly for another.

    The prevailing software business model is unique with it's "proprietary lock-in". Assuring lack of competition in software applications.

    Proprietary formats, standards, protocols, etc... lead to the "software vendor lock-in". Microsoft didn't invent this... they were doing ASCII along with everyone else when IBM was doing EBCDIC (Later, of course, MS with their monopoly would do TrueType while everybody else had already standardized to Postscript). They're also not the only software vendor to do this: every Unix consortium is comprised of vendors using one hand to shake, the other to stab in the back (trying to get others to abide by the standard, while they proprietarily create modifications to the standard).

    Open source has a chance to create a level, standards based, playing field. Allowing true, balanced, competition.

    When Compaq, and others, reverse engineered the IBM PC Bios, the PC revolution was ignited: anybody could make a motherboard or an adapter card, or memory (The MS OS and the Intel CPU were the only proprietary pieces left atop this open hardware platform). The prices came down, the innovation moved at record pace.

    But, even if the current "proprietary lock-in" paradigm ends, the patent office, in granting frivilous software patents, may be providing the next lock-in paradigm.

    Can and will congress legislate and mandate the proper regulations aimed at the software industry to end the "proprietary lock-in" paradigm (this also means modifying the DMCA to omit those portions that protect the lock-in) and assure that there are sufficient restrictions in the patent laws to limit the number and scope of software patents?

  • The reply to this is the "Jumping off a cliff" answer. Europe has long copyright terms, if we dont do it, when something becomes public domain in the US people will copyright it in Europe and steal all the money we could be making from it. This of course is a total BS answer, since you shoudl be copyrighting things in europe too and secondly who lobbied for longer terms in europe? the same exact people giving the above answer thats who.

  • IMHO, this is the most important issue facing our nation at this point in time. If America cannot get this straight, how much more difficult to raise such issues in countries where suppression of dissent is overt.

    This is not merely a matter of defending old-economy business models in the internet era; code-as-speech can be regarded a baseline necessity for the defense of our political freedoms in future.
  • by rodentia ( 102779 ) on Tuesday March 20, 2001 @11:30AM (#351944)
    decode and view

    Haven't we got enough trouble with the semantics of this issue already?
  • by n3rd ( 111397 )
    Whoever moderated this as a "troll" is full of shit. This is a perfectly valid question, you just can't take it because of who is asking the question.

    Grow up, you shouldn't be trusted with moderator points.
  • Oh, this is just lovely. Would this be one of the Reps who doesn't understand bits and bytes?" [slashdot.org] Must be, since yesterday that was all of them, according to CmdrTaco.

    No questions for the Rep. I'll leave that to the US folks.

  • by smack.addict ( 116174 ) on Tuesday March 20, 2001 @07:27AM (#351947)
    I am becoming increasingly frustrated as a citizen trying to explain technology issues to my Minnesota representatives. I never hear any responses from them, and I certainly have no indication that I will ever be heard unless I become a lobbiest. My question is, how can people who understand technology issues get in touch with, educate, and explain points of view to their elected officials?
  • While representatives' votes are certainly a matter of public record

    Not for an anonymous voice vote; both the Sonny Bono Copyright Term Extension Act[?] [everything2.com] and the DMCA were passed this way [everything2.com]. What are they supposed to record publicly, the decibel levels of the ayes and nays?


    All your hallucinogen [pineight.com] are belong to us.
  • by SpanishInquisition ( 127269 ) on Tuesday March 20, 2001 @07:06AM (#351950) Homepage Journal
    in the USA is it legal to possess a piece of equipment designed to kill a human being but it's illegal to possess a piece of software designed to copy the content of a DVD?


    --
  • The trend to smaller and lighter rounds in infantry rifles was in response to the doctrine that small arms fire only needs to be effective to a range of 200 Meters. Targets outside this range are typically engaged with heavy weapons - heavy artillery, mortars, air strikes, machine guns, etc.

    The 7.62, .30-06, 7MM, and the similar WWI - era rifle calibers were designed to allow accurate aimed fire out to 1000 Meters. This is far more range than is neccessary according to modern tactical doctrine. By using a smaller-caliber round that is effective out to 200m, an infantryman can carry FAR more ammo (and other gear) due to the lighter weight of both the rifle and ammunition. This is the real reason the US adopted the 5.56mm round. The wound characteristics it produces was a negligible deciding factor in the adoption of the M-16 as the official US service rifle. Note that the US still uses 7.62 for sniper rifles, machine guns, and any other application where 1000m range is needed.

    Personally, I prefer the 7.62 russian (short) for civilan use. It has better range and stopping power than the 5.56 NATO. It's good for medium size game (deer) and ammo is pretty cheap, allowing for frequent practice. The Remington Mini-30 is a very nice all-purpose rifle.

  • Ruger, not Remington, makes the Mini-30. Brain fart...
  • by slashdoter ( 151641 ) on Tuesday March 20, 2001 @07:18AM (#351953) Homepage
    There has been alot of questions about the DMCA, but I want you too tell us clear out. Did you vote for the DMCA? If you were not elected then( I'm from FL, I don't know your history) Would you vote for it today?


    ________

  • Should they be given the same 'protections' and standing as mail-order purchases?

    Of course they should. A purchase made on the internet is fundamentally no different than a purchase made via mail order or over the phone.

    Since you did the quote thing on 'protections', maybe you're wondering if those 'protections' are fair/legal/constitutional/whatever... ?

    --

  • I hope you're all thinking "NO"...

    If you could be so kind to name a single piece of legislation that solved the problems it was meant to address and didn't create others...

    What's that? You can't?

    Any time government has gotten involved with ANYTHING from pollution, currency, privacy, even the size of holes in Swiss cheese, no net good has resulted.

    The government can't deliver our mail on time, can't educate our children, can't keep the roads in good condition (did you know the federal budget allocates enough money to federal highway upkeep each year to pay to pave a single lane of each Interstate in GOLD??) - why would anyone in their right mind trust them to "regulate" the internet, open source, et. al. ??

    The only thing the politicians are good at is in being politicians - they don't have the experience or knowledge necessary to get involved with any aspect of the internet.

    Christ, Al Gore thinks he invented it, the court system seems to think that file sharing "technologies" are going to put authors / artists out of business (why didn't the Xerox machine, VCR, tape deck, CDR, or even the pencil, for that matter, put these people out of business? They ADAPTED!) and Busch decided he's not going to even use e-mail because of an obvious violation of the fourth amendment...

    Let's keep the government out of our lives and our paychecks (I for one am sick of having a portion of my paycheck allocated to fighting and supporting people on different sides of the same issue - it happens with tobacco, the EPA, the IRS etc.)

    The D's and R's have simply been bickering over who gets to choose how your money is spent. Screw them both - vote Libertarian

  • by techmuse ( 160085 ) on Tuesday March 20, 2001 @07:12AM (#351957)
    A recent article stated that most legislators ignore their incoming e-mail because they get far too much of it to read. How do you think that the Internet could be best used to encourage public participation in government? Do you think that there is a way for many thousands or millions of people to participate without overwhelming our representatives, and without having creative programmers and e-mailers skew perceptions of public desires?
  • by techmuse ( 160085 ) on Tuesday March 20, 2001 @07:06AM (#351958)
    The general trend since the Internet became a mass public resource has been for government to attempt to find ways to monitor people using it (Carnivore for example), to listen in on their communications (Key escrow), or to use the Internet as a means to remove consumer rights in favor of total control by businesses (DCMA). How do you feel about these technologies and laws, and how do you propose to keep the Internet a place where ordinary citizens can communicate and conduct business without giving up the rights that they have in the physical world?
  • I agree that there are two more vaguely similar posts...

    First of all, all three were written within two minutes, so it was unintentional, but that is beside the point.

    <rant> One post asks how the internet will affect politics considering that they ignore most emails, which, in my opinion, is a whole new question, and the other one asks how the congressman handles the flood of emails he gets. My question asks how my email will get in front of him. That's what I'd really like to know, and from the previous article yesterday, I think that's what the /. population wants to know.</rant>

    I don't care if the vaguely similar post gets asked and mine doesn't, but could you include some of my questions that are on the same line and are more specific?
    Especially: what is the best way to write to our congressmen to get our perspective read and to receive a prompt reply?

    Honestly, I think all three should be merged into a complex question requiring a nice, solid reply from the congressman.

    --
  • We've been discussing how much email our political leaders get, and how it is usually ignored (with good reason).
    My question is what is the best way to write to our congressmen to get our perspective read and to receive a prompt reply? Is it better to write a letter, or is email finally finding its nich in politics? What are your stipulations that must be met before you actually read inquiries from constituents?

    Please pardon my poor spelling skills (I am an engineer, not a writer).

    --
  • Ohio... introduced a "Voluntary" tax on Interenet purchases. ...I have been informed... that I have to pay this tax, reguardless.

    IANAAccountant

    Are you referring to the Ohio Use Tax? (IT-1040 line 16 or IT-1040 EZ line 11) That tax has been around since 1936. It was originally passed to allow Ohio to collect sales tax on catalog purchases. Retailers are generally only required to collect sales tax if they have a "presence" within the state. If they do not have a presence, then the Ohio resident is responsible for paying the use tax (which exactly equals the sales tax) when they file. Applying this law to Internet purchases is perfectly reasonable.

  • Are all the good Christian people now sitting in Congress fully aware of how (C) law helps those cultist loonies at Scientology silence their critics? Coulnd't all these ugly cases [isverybad.com] be used as an efficient arguing point in Congress?
  • Would you mind reading the following into the Congressional Record at your earliest convenience? Thanks.

    #!/usr/bin/perl
    # 472-byte qrpff, Keith Winstein and Marc Horowitz <sipb-iap-dvd@mit.edu>
    # MPEG 2 PS VOB file -> descrambled output on stdout.
    # usage: perl -I <k1>:<k2>:<k3>:<k4>:<k5 > qrpff
    # where k1..k5 are the title key bytes in least to most-significant order

    s''$/=\2048;while(<>){G=29;R=142;if((@a=unqT ="C*",_) [20]&48){D=89;_=unqb24,qT,@
    b=map{ord qB8,unqb8,qT,_^$a[--D]}@INC;s/...$/1$&/;Q=unqV ,qb2 5,_;H=73;O=$b[4]<<9
    |256|$b[3];Q=Q>>8^(P=(E=255)&(Q>>1 2^Q>>4^Q/8^Q))<<17,O=O>>8^(E&amp ;( F=(S=O>>14&7^O)
    ^S*8^S<<6))<<9,_=(map{U=_%16orE^=R^=11 0&(S=(unqT,"\xb\ntd\xbz\x14d")[_/16%8]);E
    ^=(72,@z=(64,72,G^=12*(U-2?0:S&17)),H^=_%64?12 :0,@z)[_%8]}(16..271))[_]^((D>>=8
    )+=P+(~F&E))for@a[128..$#a]}print+qT,@a}';s/[D -HO- U_]/\$$&/g;s/q/pack+/g;eval

  • by Limecron ( 206141 ) on Tuesday March 20, 2001 @07:23AM (#351977)
    The increase of free-access communication creates "virtual communities" in which a special interest group (say, Open Source Supporters) can congregate. However, since representation is distributed by district, this group has difficulty being represented since it may lie in the minority in many voting districts.

    Do you think the possibility of the creation of region-less senators or represenatives exists?

    Except in the case of local or state govenments, it seems unnecessarilty arbitrary to elect representatives by state.

    AFAIK, it'd be easier to get region-free DVD players than representatives. ;)
  • It appears to me that the public-at-large's perception is that the sole use of DeCss is to make illegal copies of DVD content (if they're aware of it at all). It certainly is the popular medias and many politicians perception. I've read in the press, a number of times, that DeCss is used to de-crypt DVDs. While this is true, the connotation is wrong. Only twice can I recall that it was written that DeCss was used to create software to play DVDs.

    There seems something profoundly unfair in allowing an industry to sell a product in the marketplace and place restrictions on it's lawful use. I can't understand what the movie studios have to gain from limiting HOW their content is played.

    Is it your belief that DMCA was applied correctly in this case? If not, what changes to DMCA would you like to see being made and how much support from other legislators do you have?

  • by wmulvihillDxR ( 212915 ) on Tuesday March 20, 2001 @07:10AM (#351981) Homepage Journal
    With the recent story [slashdot.org] on the flooding of emails to representatives, I want to know how you deal with that flood? Do you rate snail mail a higher priority than email?
  • by update() ( 217397 ) on Tuesday March 20, 2001 @07:20AM (#351982) Homepage
    A few years ago, it seemed like legislation was being passed to regulate the Inetrnet without the most basic knowledge of how it works. One got the impression that legislators thought the Net is like television and that it would be straightforward for US laws to control its content.

    Today, people may argue with a lot of the laws being passed but it seems to me that at least lawmakers now understand what it is that they're trying to control - that it's not television and that it's not inside the United States. Is that perception correct? Do most members of the House and Senate at least have a rough idea of what the internet is? Do all of them at least have a high-ranking staffer who does?

    Unsettling MOTD at my ISP.

  • by NecroPuppy ( 222648 ) on Tuesday March 20, 2001 @07:15AM (#351983) Homepage
    What is your opinion on taxing products purchased via the internet? Should they be given the same 'protections' and standing as mail-order purchases?
  • by nowt ( 230214 ) on Tuesday March 20, 2001 @07:28AM (#351986)
    Greetings,

    How do you feel on-line privacy should be addressed?
    Through guidelines, or legislation and regulation? If the latter, what would you like to see included in such legislation and what type of enforcement mechanism should be used to maintain such laws?

    Thank you,
    -nowt

  • As a resident of another country - also a so-called democracy - I've been watching with positive alarm as US citizens' rights get further and further eroded by big business interests. Any advice for the rest of the world's geeks? Should we just be pumping out code and documentation that makes a mockery of US Law? Or are there more direct ways of voicing our concerns?

    Yes, there is. First, you have to take off your non-US head that says "don't sue". Put on a US-head that says "sue anything that moves". We don't understand anything else, and will ignore any other methods.

    So, sue for your rights. Sue over US corporations using your personal information without your permission, if you're a citizen of the EU or Canada.

    Then we'll pay attention and fix the problem.

    But not before ...

  • by Bonker ( 243350 ) on Tuesday March 20, 2001 @07:14AM (#351992)
    Microsoftie Jim Allchin has recently stated that he sees the need to 'educate' the federal legislature about what he feels like are the 'dangers' of open source and free software.

    Do the majority of legislators have an opinion on open source or free software? If so is this opinion negative or positive. What's the best way advocates of open source software can get their opinions heard when the 'closed source' companies such as Microsoft have so much 'Soft Money' to throw around?
  • I'd do it myself, but I've posted a comment under this article already.

    OK,
    - B
    --

  • First, I didn't attack him personally. Admittedly, I did make a statement about his profession and peers, but one with a great deal of evidence supporting it.

    And secondly, yes, this is exactly how I address a United States Congressman. If the relationship is unclear, allow me to spell it out for you: He works for us, and however much I might like Representative Boucher's enlightened approach to technical issues, I don't feel the need to couch my deep and irate dissatisfaction with the poor practices and performance of the U.S. Congress in genteel terms.

    Further, I'm interested to see how he responds - will he dodge the issue, or address it? Whether you're too shy or cowardly to bring it up to a Congressman's face or not, well-monied special interests do buy legislation, and that is a problem. Since I personally get screwed out of tax dollars and civil liberties when this happens, I don't think I'm out of line to bring up the issue in a plain-spoken manner and ask that it be addressed.

    That, and today I'm just in the mood to take advantage of the First Amendment while it still exists in substantially it's current form. So go screw, Miss Manners.

    OK,
    - B
    --

  • you just pointed to a group of less than 600 people and said, "Most of you are corrupt".

    Yes, I did. Most of them are. I still don't understand why you think I should be dishonest in my assessment of the performance of people whose services I am paying for. I simply won't lie about it, and I won't treat them like porcelain figurines just because they happen to be elected officials. They put their pants on the same way the rest of us do...

    Try telling a salesman, "Most of you guys cheat the customer" and see what kind of service you get.

    On the other hand, a good and self-examining Congressperson (or salesman, for that matter) might actually have noted the problem and be willing to take pains to differentiate himself from the pack.

    The fact of the matter is, if he's honest and even half wise, then logically he should understand the question, not take it personally and address the issue. If he balks, then that doesn't mean he's dishonest, but might suggest that he hasn't thought through (or does not wish to think through) what is probably the single largest issue that concerned and engaged citizens have with the U.S. Congress.

    OK,
    - B
    --

  • by RareHeintz ( 244414 ) on Tuesday March 20, 2001 @07:04AM (#351997) Homepage Journal
    Speaking broadly, what do you feel is an appropriate role for government in regulating a trans-national and somewhat anarchic medium like the Internet? What steps would be prudent protection of citizens and consumers, and what would represent legislative overreach?

    Thanks for your time,
    - Brad Heintz
    --

  • by RareHeintz ( 244414 ) on Tuesday March 20, 2001 @07:13AM (#351998) Homepage Journal
    Much recent technology legislation - most notably the DMCA and UCITA - seem unreasonably skewed toward large corporate interests seeking copyright, patent, and licensing protections in the digital world they don't enjoy in the analog world. I don't think it's a secret to anyone that such legislation is all but purchased outright through campaign contributions and soft-money party donations.

    Many American citizens, unfortunately, don't have sufficient education or interest to be able to assess how technology legislation affects them, their wallets, and the media they consume, and the mainstream media don't help them understand the technical issues, the legislative process, or the influence of money in politics any better.

    My question related to this is: What can the more technically-aware citizenry do to steer the law back to a more reasonable course? How can we convince or coerce our elected representatives into replacing sane limits on copyright, sane policy toward retail taxation in digital markets, and a sane approach to regulating the Internet that recoginizes the opportunites and limitations inherent in the medium?

    Thanks,
    - Brad Heintz
    --

  • Hoping not to offend anyone...
    Why does a US politician decide on the internet? I always thought that the net spread beyond the US...
    Wouldn't it be good to have global legislation? United Nations maybe(hmmm maybe not)?
  • by Chakat ( 320875 ) on Tuesday March 20, 2001 @07:06AM (#352007) Homepage
    Let me preface this by saying that I respect copyright, and feel that creators deserve a limited period of time to enjoy sole profits from their works. However, it's become obvious that special intrests have corrupted the copyright system to insure that they can receive sole benefits for long after our founding fathers intended. My question for you is twofold: How long do you feel is an appropriate amount of time for copyright protection, and is there legislation pending to fix the problem with copyright?
  • Mr. Boucher,

    What is your opinion of the "Gore tax", aka the e-rate Internet access subsididy? Specifically, how do you view:

    • The fairness of the tax on telephone users;
    • The value obtained for the money distributed via the tax;
    • The various bills pending to attach strings (such as Internet filtering) to this money?
    Would we be better off eliminating the e-rate and getting rid of the subsidies and strings, or is this worth trying to fix the problems while keeping the busybodies in check?
    --
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